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Commissioners warn proposed net-gain rules could alarm private landowners
Summary
Several commissioners said earlier regulatory proposals felt punitive for private landowners, citing a previously discussed bill's potential fines; they urged starting with incentives and education rather than immediate penalties.
Commissioners used the briefing to surface landowner concerns about regulatory approaches to net ecological gain. Commissioner Molly Linville recalled prior legislative language that some landowners read as punitive, saying that one version of the bill raised fear among ranchers and farmers because it imposed stiff daily fines for noncompliance.
"That particular one was, if you don't do this, we are going to fine you $10,000 a day," Linville said, describing how the prospective penalty alarmed private landowners and complicated efforts to build support. Commissioners and staff repeatedly returned to the question of whether the agency should begin with carrots — incentives, grant scoring and technical assistance — rather than sticks. Staff said the proviso recommendations emphasize voluntary engagement and better implementation of existing protections before pursuing new regulatory mandates.
Discussion also noted the difficulty of defining 'ecological gain' on a parcel-by-parcel basis: restored sites can still look degraded for years, and any program must account for starting conditions and regional differences. Commissioners urged careful outreach so rural stakeholders understand trade-offs and funding implications before any formal rulemaking.
